Who must comply with Rail Safety National Law (RSNL)?

Rail transport operators must be accredited under RSNL + maintain safety management.

The Rail Safety National Law (RSNL) was passed by the South Australian Parliament on 1 May 2012, replacing 46 pieces of State, Territory and Commonwealth legislation, and is applied in the other jurisdictions by their own application Acts (for example the Rail Safety National Law Application Act 2013 (Vic) and the Rail Safety National Law (Tasmania) Act 2012). It is administered by the Office of the National Rail Safety Regulator (ONRSR). A person or entity must apply for and be granted accreditation by ONRSR before commencing railway operations as a rail transport operator, whether as a rail infrastructure manager, a rolling stock operator or both, by demonstrating the competence and capacity to manage the safety risks of those operations. Accreditation requires an appropriate safety management system, which the operator must implement and comply with (RSNL s 101). The system must include a health and fitness program meeting the National Standard for Health Assessment of Rail Safety Workers and, on the National Network for Interoperability, an interoperability element. Managers of private sidings connected to an accredited railway register instead of seeking accreditation.

Applies only if you operate rolling stock or rail infrastructure (ONRSR accreditation). Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: Rail transport operators: rail infrastructure managers and rolling stock operators carrying out railway operations, including tourist and heritage operators. Rail infrastructure managers of private sidings connected to another railway must be registered; freight terminal managers may be registered at ONRSR's discretion. ONRSR can grant exemptions.

What triggers it: Intending to carry out railway operations (managing rail infrastructure or operating rolling stock), or managing a private siding connected to a railway operated by an accredited operator. Major rail projects require accreditation or a variation of accreditation.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Outcome across the 35 industries Rules Mate maps (1 of 35: only if a further fact applies; 34 of 35: no).

Structure does not change the answer in road transport & logistics: for every structure the answer is "only if a further fact applies".

Size does not change the answer in road transport & logistics: at every size band the answer is "only if a further fact applies".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
• Pty Ltd company in road transport & logistics with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you operate rolling stock or rail infrastructure (ONRSR accreditation)

The engine shows this obligation as "check whether this applies" when a business has industry: Road transport & logistics. It then applies only if you operate rolling stock or rail infrastructure (ONRSR accreditation). That fact is not something Rules Mate can infer from industry, structure or size.

When due

Accreditation must be granted before railway operations start; ONRSR must decide an application within six months of receipt. Variations are sought before operations change scope, and the safety management system is implemented and maintained continuously.

Frequency

Ongoing

Evidence to keep

Notice of accreditation (or registration or exemption) setting out the scope of operations; safety management system identifying hazards, risk controls, competent people, monitoring and change management; health and fitness program for rail safety workers with assessments by authorised health professionals; interoperability management plan where required; asset management records; fees paid under the ONRSR Fees Policy.

Status

Current

Priority

High

Maximum penalty: Railway operations without accreditation, registration or an exemption contravene the RSNL, as does failing to implement and comply with the safety management system (s 101). Maximum penalties are set in the RSNL itself and are not reproduced in this record; ONRSR can also grant accreditation with conditions.

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

Rules Mate tracks 1 published obligation tagged "rail", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated high priority and carries criminal liability, and is an ongoing duty.

Regulated by Office of the National Rail Safety Regulator.

ONRSR: Single national regulator for rail safety under the Rail Safety National Law.

• Office of the National Rail Safety Regulator

RSNL: Model RSNL applied in each state.

• Rail Safety National Law (model)

Free tools that help with this obligation:

• Payday Super readiness
• Right to Disconnect policy
• WGEA readiness